Daniel Allen v. The State of Texas--Appeal from 356th District Court of Hardin County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-10-00485-CR _________________ DANIEL ALLEN, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 356th District Court Hardin County, Texas Trial Cause No. 20611 ________________________________________________________________________ MEMORANDUM OPINION On October 1, 2010, the trial court sentenced Daniel Allen on a conviction for arson of a place of worship. Allen filed a notice of appeal on October 18, 2010. The trial court entered a certification of the defendant s right to appeal in which the court certified that this is a plea-bargain case and the defendant has no right of appeal. See Tex. R. App. P. 25.2(a)(2). The district clerk has provided the trial court s certification to the Court of Appeals. On October 29, 2010, we notified the parties that we would dismiss the appeal unless the appellant established grounds for continuing the appeal. The appellant 1 requested additional time to present a motion for new trial to the trial court. Appellant has not established that the trial court s certification should be amended. Because the record does not contain a certification that shows the defendant has the right of appeal, we must dismiss the appeal. See Tex. R. App. P. 25.2(d). Accordingly, we dismiss the appeal. APPEAL DISMISSED. ________________________________ CHARLES KREGER Justice Opinion Delivered January 19, 2011 Do Not Publish Before Gaultney, Kreger, and Horton, JJ. 2
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